This Court dismissed a writ petition challenging a possession notice issued under the SARFAESI Act, holding that the remedy lies in appeal before the Debts Recovery Tribunal under Section 17 of the act.
Writ petition dismissed with liberty to approach the Debts Recovery Tribunal by way of an appeal.
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Court No. - 39
Case :- WRIT - C No. - 33127 of 2018
Petitioner :- M/S Saras Industries Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.,Tarun Varma
Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri B.D. Pandey, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1and Sri Tarun Verma, learned counsel for respondents no. 2 & 3.
The petitioner in the writ petition is seeking quashing of the notice dated 17.09.2018 issued under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the 'SARFAESI Act') for taking possession of the premises of the petitioner.
A preliminary objection has been raised by Sri Tarun Verma, learned counsel for the respondent bank that against the notice under Section 13(4) of the SARFAESI Act, the petitioner has a remedy by way of an appeal under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal.
This fact has not been disputed by learned counsel for the petitioner.
We, therefore, dismiss the writ petition with liberty to the petitioner to approach the Debts Recovery Tribunal by way of an appeal.
Order Date :- 1.10.2018 nd
1 issue framed by the court
Whether a writ petition challenging a possession notice under the SARFAESI Act is maintainable when an appeal before the DRT is available.
M/S Saras Industries
State Of U.P.
B. Amit Sthalekar
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
